People and families can change. Reinstating parental rights is a strategy to achieve permanency for children and youth in foster care in certain circumstances. A small number of States allow a petition to be filed with the court requesting reinstatement of a parent's rights if a permanent placement has not been achieved within a specific timeframe.

The following are resources on reinstating parental rights and include State and local examples.

Grounds for Involuntary Termination of Parental Rights

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 358KB)
Year Published
2021
Provides an overview of State laws that provide the legal basis for terminating the rights of parents who have been found unfit to parent their children. The circumstances under which the court may find that termination may not serve the child's best interests and under which a parent's rights may be reinstated also are addressed.

How Have States Implemented Parental Rights Restoration and Reinstatement? 
Casey Family Programs (2018)
Provides State statute highlights and jurisdictional examples of how States have implemented parental rights reinstatement. The brief offers additional resources on this topic.

I Lost My Parental Rights. How Can I Get My Children Back?
U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau (2021)
Explains how parents who have had their parental rights terminated may have their rights reinstated and explains State laws on the topic.

Reinstatement of Parental Rights After Termination
FindLaw (2018)
Outlines situations in which parents may be able to have their parental rights reinstated, depending on the State, and discusses what termination and restoration of parental rights mean and differences in State laws.

Reinstatement of Parental Rights State Statue Summary
National Conference of State Legislatures (2020)
Provides information about States that have legislation in place that allows for the reinstatement of parental rights following termination of parental rights.

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State and local examples

2021 Legislation: Family Reunification Reform
Texas Center for Justice and Equality (2021)
Explains a Texas law that allows for parental rights to be reinstated under certain circumstances.

Reinstatement of Parental Rights (PDF - 109 KB)
Maine State Legislature (2021)
Provides policy guidelines for the reinstatement of parental rights in Maine after such rights have been removed.

Reinstatement of Parental Rights (PDF - 16 KB)
North Carolina Legislature (2022)
Presents the text of the policy in North Carolina regarding reinstatement of parental rights after these rights have been removed.

Youth Petition for Reinstatement of Parental Rights
Washington State Department of Children, Youth and Families (2021)
Explains the steps a caseworker must take for a dependent youth to file a petition to reinstate parental rights in the State of Washington.

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